HomeMy WebLinkAboutMiscellaneous - 370 CANDLESTICK ROAD 20 NowrH,O
OFFICES OF: o y°m Town of 120 Main Street
North Andover,
APPEALS NORTH ANDOVER
Massachusetts 01845
BUILDING
CONSERVATION 33gCHUSEDIVISION OF (617)685-4775
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT1
KAREN H.P. NELSON, DIRECTOR
eYa
MODIFICATION TO
�"', ORDER OF CONDITIONS
c� File No. 242-576
Project: Lot 19A Candlestick Road
cr
The NORTH ANDOVER CONSERVATION COMMISSION at its meeting on
December 1, 1993 , agreed to accept the revised plan dated 9/x/93
showing an individual driveway
as a Modification to the
Order of Condition issued in file #242- 576 dated June 1. 1992
and recorded in Book # Inst. 9{16338 and Page #
Issue y he NORTH ANDOVER CONSERVATION COMMISSION
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On /this day of 1915_,
before me personally appeared to me known
to be the person described in and v&o executed the foregoing
instrument and acknowledged that he/she executed the same as
his/her free act and deed.
MY Commission E*ka_hm 20,
Notary Pub c My commisJ,-i_-on expires��
A receipt from the Registry of Deeds must be submitted to this
office showing that this Modification has been recorded and
referenced to the Book and Page numbers where the original Order
#242- 576 was recorded.
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310 CMR 10.99 , . # ,
Form 5 r• 3 1; t;�;t, DEPF-o-m- 242-576
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(to t»a wom vy OEM
7TM.7 North Andover
Commonwealth C+ty.rown
•. of Massachusetts kovi+cant Robert Janusz
Lot 19A Candlestick Road
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
and under the Town of North Andover's Wetlands Bylaw, Chapter 178
From NORTH ADNOVER CONSERVATION COMMISSION
To Jerad Place Development Cnrp- Same
(Name of Applicant) (Name of property owner)
Address 40 Sunset Rock Roar). Andovar, MA Address
This Order is issued and delivered as follows:
4 by hand delivery to aopficant or representative onki (date?
❑ by certified mail. return receipt requested on (Late)
This project is located at Lot 19A Candlestick Road
The property is recorded at the Registry of Deeds, Northern FG-gPX
Book 3289 Page 9�
Certificate(if registered)
The Notice of Intent for this project was filed on March 23, 1 9A9 (date)
The public hearing was closed on May 13 1992 (date)
Findings
The NArr has reviewed the above-referenced Notice of
Intent anc ptans anc has nets a punlic hearing on the:roject.Based on the information avaiiaofe to the
NT r, at this time.the NACC has determined that
the area on wh►ch the orcoosed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the reguiations ,or each Area Subject to Protection Under the
Act(check as avoroonate): Ch.178 a Prevention of erosion and sedimentation
.Pubi;c water supply 1 Flood control ❑ Land containing shellfish
Private water supply 0 Storm damage prevention Fisheries
Ground water supply 10 Prevention of pollution Protection of wildlife habitat
Ch. 178 JD Wildlife Ch.178XU Recreation
Total Filing t=ee Submitted State Share
Cityi7own Share $137.50 (1/2 fee in excess cf S25)
Total Refund Due S City/Town Portion S State Portion S
(1/2 total) (1/2 total)
Effective '1110/.S9 1
a
#242-576 Lot 19A Candlestick Rd. 3
work is to be done. In the case of registered land, the Final
Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North
Andover Conservation Commission on the form at the end of this
Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two
square feet or more than three square feet in size bearing the
words, "Massachusetts Department of Environmental Protection,
File Number 242-57611 .
10. Where the Department of Environmental Protection is requested
to make a determination and to issue a Superseding Order, the
Conservation Commission shall be a party to all agency
proceedings and hearings before the Department.
11. Upon completion of the work described herein, the applicant
shall request in writing that a Certificate of Compliance be
issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans/documents
(except as noted in the remainder of this document where
revisions may be required) :
(a) Notice of Intent filed by Jerad Place Development Corp
prepared by Neve Assoc dated March 19, 1992 and received on March
23, 1992 .
(b) Plans entitled 'Sanitary Disposal System' designed for Robert
Janusz, Lot 19A Jerad Place Rd. Prepared by Neve Assoc. dated
November 8, 1992 with latest revision date of April 28, 1992.
13. The following wetland resource areas are within the 100 '
buffer zone of the proposed work: bordering vegetated wetland.
These resource areas are significant to the interests of the Act
and Town Bylaw as noted above. These resource areas are also
significant to the recreational and wildlife interests of the
Bylaw. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the
identified interests.
14. The NACC agrees with the applicant's delineation of the
wetland resource areas on the site as shown on the plans dated
April 28, 1992 . This is plan shows the revised wetland line.
15. This order of Conditions is issued [choose: in addition to
those issued under File No. #242-461 which is the subdivision
file.
#242-576 Lot 19A Candlestick Rd. 2
Therefore, the North Andover Conservation Commission (hereafter
the "NACC") hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth
in the State Regulations and the requirements of the Town ByLaw,
to protect those interests checked above. The NACC orders that
all work shall be performed in accordance with said conditions
and with the Notice of Intent referenced above. To the extent
that the following conditions modify or differ from the plans,
specifications or other proposals submitted with the Notice of
Intent, the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with
all related statutes and other regulatory measures, shall be
deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any
exclusive privileges; it does not authorize any injury to
private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person
of the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three
years from the date of this Order.
5. This order may be extended by the issuing authority for one
or more periods of up to one year each upon application to the
issuing authority at least 30 days prior to the expiration date
of the Order.
6. Any fill used in connection with this project shall be clean
fill, containing no trash, refuse rubbish or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or
parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal
periods from this Order have elapsed or, if such an appeal has
been filed, until all proceedings before the Department or Court
have been completed. This Order shall be recorded by the
applicant at the Registry of Deeds immediately after the
expiration of all appeal periods.
8. No work shall be undertaken until the Final Order has been
recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed
#242-576 Lot 19A Candlestick Rd. 4
PERFORMANCE & DESIGN STANDARDS
16. The NACC finds that the intensive use of the upland areas and
buffer zone proposed on this site to construct a single family
home and a common driveway will cause further alteration of the
wetland resource areas. In order to prevent any alteration of
wetland resource areas beyond those proposed in the Notice of
Intent and approved herein, a twenty-five (25) foot no-
disturbance zone and a fifty (50) foot no-construction zone shall
be established from the edge of the adjacent wetlands except for
a 10 ' no-cut zone as indicated in the plans noted in item 12b.
No disturbance of existing grade, soils or vegetation is
permitted in the no-disturbance zone.
17. During construction of the roadway, a snow fence will be
installed along the no-cut line.
18. No earthen embankment in the buffer zone shall have a slope
steeper than 2 : 1 (horizontal:vertical) . Any slopes of steeper
grade shall be rip-rapped to provide permanent stabilization.
CHANGES
19. Any changes in the submitted plans, Notice of Intent, or
resulting from the aforementioned conditions must be submitted to
the NACC for approval prior to implementation. If the NACC finds
said changes to be significant, the NACC will call for another
public hearing (at the expense of the applicant) . Within 21 days
of the close of said public hearing the NACC will issue an
amended or new order of Conditions. Any errors found in the
plans or information submitted by the applicant shall be
considered as changes.
20. The proposed project may be still under review by other local
or state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur, a
final set of plans and a letter from the professional engineer,
land surveyor or landscape architect who prepared these plans
shall be submitted to the NACC for review and approval prior to
the start of construction. Said letter shall describe any and
all changes between the final plans and those reviewed and cited
above by the NACC. No work shall begin on a project until
written approval has been granted by the NACC.
21. The NACC shall be notified in writing of any lot line or
number changes with a copy of a plan showing these changes prior
to any work on these lots.
22 . Utilities shall not be constructed as to pass under or
through any wetlands except as approved under future filings.
#242-576 Lot 19A Candlestick Rd. 5
CONSTRUCTION
23. The applicant shall contact the Conservation Office prior to
site preparation or construction and shall arrange an on-site
conference with an NACC representative, the contractor and the
applicant to ensure that all of the Conditions of this Order are
understood. This Order also shall be made a part of the
contractor's written contract. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to
ensure compliance with this Order.
24. Prior to any activity on site, the applicant shall submit a
construction schedule/sequence to the NACC detailing the proposed
sequence of work on site to complete this project.
25. Upon beginning work, the applicant shall submit written
progress reports every 6 months detailing what work has been done
in or near resource areas, and what work is anticipated to be
done over the next period. This will update the construction
sequence.
26. Wetland flagging shall be checked prior to start of
construction and shall be re-established where missing so that
required erosion control measures between construction activity
and wetland resource areas can be properly placed.
27. Prior to any activity on the site, a row of staked hay bales
backed by a siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier
will be properly installed and placed as shown on the plans and
shall be inspected and approved by the NACC prior to the start of
construction and shall remain intact until all disturbed areas
have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary
during construction shall be implemented at the direction of the
NAM
28. The applicant shall have on hand at the start of any soil
disturbance, removal or stockpiling, a minimum of 20 hay bales
and sufficient stakes for staking these bales (or an equivalent
amount of silt fence). Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for
the normal control of erosion.
29. Upon completion of construction and grading, all disturbed
areas located outside resource areas shall be stabilized
permanently against erosion. This shall be done either by
sodding, or by loaming, seeding, and mulching according to Soil
Conservation Service standards. If the latter course is chosen,
stabilization will be considered once complete vegetative cover
has been achieved.
#242-576 Lot 19A Candlestick Rd. 6
30. No exposed area shall remain unfinished for more than thirty
(30) days, unless approved by the NACC.
31. There shall be no stockpiling of soil or other materials
within twenty-five (25) feet of any resource area.
32 . During and after work on this project, there shall be no
discharge or spillage of fuel, or other pollutants into
any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be
notified by the applicant as soon as practical. No construction
vehicles are to be stored within 100 feet of wetland resource
areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
33 . Washings from concrete trucks, or surplus concrete, shall not
be directed to, any drainage system or wetland resource area.
34. All waste generated by, or associated with, the construction
activity shall be contained within the construction area, and
away from any wetland resource area. There shall be no burying
of spent construction materials or disposal of waste on the site
by any other means. The applicant shall maintain dumpsters or
other suitable containers at the site for the storage and removal
of such spent construction materials off-site.
35. Accepted engineering and construction standards and
procedures shall be followed in the completion of the project.
OTHER CONDITIONS
36. Members of the NACC or its agent shall have the right to
enter upon and inspect the premises to evaluate and/or effect
compliance with this Order of Conditions. The NACC reserves the
right to require, following field inspection, additional
information or resource protection measures.
37. Issuance of these Conditions does not in any way imply or
certify that the site or downstream areas will not be subject to
flooding or storm damage.
38. No underground storage of fuel oils shall be allowed on any
lot within one-hundred (100) feet of any wetland resource area.
This Condition shall survive this Order of Conditions, and shall
run with the title of the property. This condition is issued
under the authority of the Town's Wetland Protection ByLaw.
39. Fertilizers utilized for landscaping and lawn care shall be
organic and low-nitrogen content, and shall be used in
moderation. Pesticides and herbicides shall not be used within
100 feet of a wetland resource area. This condition is issued
` f
#242-576 Lot 19A Candlestick Rd. 7
under the authority of the Town of North Andover's Wetland
Protection ByLaw.
40. The conditions of this decision shall apply to, and be
binding upon, the applicant, owner, its employees and all
successors and assigns in interest or control.
41. A proper bond or a deposit of money running to the Town of
North Andover shall be provided in the amount of $3, 000 which
shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, andshallbe posted with the North
Andover Town Treasurer before commencement of work. Said bond or
deposit of money shall be conditioned on the completion of all
conditions hereof, shall be signed by a party or parties
satisfactory to the NACC, and Town Counsel, and shall be released
after completion of the project, provided that provision,
satisfactory to the NACC, has been made for performance of any
conditions which are of continuing nature. The applicant may
propose a bond release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This
condition is issued under the authority of the local Bylaw.
42 . In addition to the requirements of Conditions No. 11, the
applicant shall submit a letter to the NACC from a Registered
Professional Civil Engineer certifying compliance with this Order
of Conditions and the approved plans referenced herein (or
approved revisions) . A stamped "As-Built"topographic plan of
all areas within the jurisdiction of the Wetlands Protection Act
and Bylaw shall be submitted when a Certificate of Compliance is
requested. This plan will include:
a. "As-Built" elevations of all drainage ways
constructed within 100 feet of any wetland.
b. Distances to all structures and elevations
within 100 feet of any wetland resource areas.
43 . The following special conditions shall survive the issuance
of a Certificate of Compliance for this project:
32 . Discharge or spillage of pollutants.
38. Prohibition of storage of fuels underground.
39. Limitations on the use of fertilizers, herbicides
and pesticides.
� ► tr
Issued By----North Andoverf Conservation Commission
Signature(s)
/
d.
This Order must be signed by a majority of the Conservation Commission.
On this 9 day of MO/G 19_ before me
personally appeared aalecra T Roca to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
otary Public My commission expires
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
done,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the Department of
Environmental Protection to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department,
with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the date of issuance of this
Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and the applicant.
If you wish to appeal this decision under the Town Bylaw, a complaint
must be filed in Superior Court.
Detach on dotted line and submit tothe North Andover Conservation Comm. prior to commencement of work.
..................................................................................................................................................................................................................
To NORTH ANDOVER CONSERVATION COMMISSION ;Ssumg Authority
Please be advised that the Order of Conditions for the project at Lot 19A Candlestick Road
F;le Numoer 242- 576 has been recorded at the Reotstry of Deeds Northern Essex and
has been noted in the chain of tale of the affected property in accordance with General Condition 8 on 19
If recorded land. the instrument number which identifies this transaction is
If registered land,the document number which identifies this transaction is
Signature ACpiiCant
5-4A
AV
17)42-461
JOYCE ERAS 54AW
TOWN CLERK
NORTH ANDOVER
310 CMR 10-99 12:59 OCT t o(i� DEF F31.No. 242-461
Form 8 I .3�1 (To be provided by DEP)
Gty[rom '\Torth Andover
Applicant Robert Janusz
commonwealth LOT 19A Candlestick Road
of Massachusetts PARTIAL
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
From North Andover Conservation Commission Issuing Authority
40 Sunset Rock Road
Andover MA 01810
To Robert Janusz
(Address)
(Name)
Date of Issuance October 18, 1995
This certificate is issued for work regulateddated an order
rd 310 1Conditions issued
to Robert Janusz
and issued by the North Andover Conservation Commission
1, [] It is hereby certified that the work regulated by the above-referenced
order of Conditions has been satisfactorily completed.
2. XSX It is hereby certified that only the following portions of the work
reculated by the above-referenced order of Conditions have, been
satisfactorily completed: (If the certificate of Compliance does not
include the entire project, specify what portions are included.)
Lot 19A Candlestick Road ONLY!
3 . [] It is hereby certified that the work regulated by the above-referenced
or.:er of Conditions was never commenced. The order of conditions has
lapsed and is therefore no longer valid. No future work subject to
regulation under the act may be commenced without filing a new Notice
of Intent and receiving a new order of conditions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Leave •space Blank). . ..
4, This certificate shall be recorded in the Registry of Deeds or the Land Court for t�h8edistrict in
which the land is located.The Order was originally recorded on August 4, (date)
at the Registry of Deeds, Northern District, gook-. Page
INSTRUMENT # 18614
5, Q The following conditions of the Order shall continue: (Set forth any conditions contained in the
Final Order, such as maintenance or monitoring, which are to continue for a longer period.)
fssuedby N th Andover Conservation Commission
2
Signature(s)
2�z k�
When issued by the Conservation Commision this Certificate must be signed by a majority of is members.
On this 18th day of October , 19 95 , before me
personally appeared a eared George L. Reich , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that heiW executed
the same as hisA er free act and deed.
March 22, 2002
bl'�446�naae gata My commission expires
Notary Public
PROVIDE RECORDING INFORMATION TO:
Detach on dotted line and submit to the North Andover Conservation Commission
12 Main $�.]���.ism...�Is�......Amdavex..MA..II1.fi45.........................................
NACC issuing Authority
To
Please be advised that the Certificate of Comoftance for the project at.
Lot 19A Candlestick Road
242_ 461 Deeds, Northern Essex
Fae Numoer has been recorded at the Aegistry of
and nas peen notes in the cnain of tale of the attecteo oroeerty on
tt reccroeo tanc.t^e instrument numoer,,wniv%ieennties trns transaction Is
a registereo Land.the cocument number wnicn identities this transaction is
aoosicant
Signature
8-2
TOWN CLERK .
310 CMR 10.99 NORTH ANDOVER
Form 8 j DEP File No. 242-576
(To oe orovioed by DEP)
~� c►ty town North Andover
;• Commonwealth
Robert .Janusz
=(t = of Massachusetts A000cant
1
=` Lot 19A Candlestick Road
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From North Andover Conservation Commission Issuing Authority
40 Sunset Rock Road
Robert Janusz Andover MA 01810
To
(Name) JAddress)
October 4, 1995
Date of Issuance
This Certificate is issued for work regulated by an Order of Conditions issued to Jerad Place
Development Corp. dated June 1, 1992 and issued by the NACC
It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. 0 It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project,specify what portions are included.)
0 It Is hereby certified that the work regulated by the above-referenced Oraer of Conditions was
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future
worK subject to reculation under the Act may be commenced without fillnc a new Nonce of Intent
anc; receiving a new Order of Conditions.
..............................................................
(leave Soace Blank)
6-1
c.fec:;ve /10/E9
This certificate shall be recorded in the Registry of Deeds or the Land Court for the district In
which the land is located.The Order was onginaliy recorded on 6/10/92 (date)
at the Registry of Deeds, North District , Book . Page
INSTRUMENT #16338
Q The following conditions of the Order shall continue: (Set forth any conditions contained in the
Final Order, such as maintenance or monitoring,which are to continue for a longer period.)
Issued by Nort Ando er Conservation Commission
Sicnature(s)
I
70 .-
When issued by the Conservation Commision this Certificate must be signed by a majority of is memoers.
On this 5th day of October , 1995 . before me
personaliy appeared George L. Reich , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he.she executed
the same as his/her free act and deed.
41k), March 22, 2002
Notary Public Donna Mae D'Agata My Commission expires
PROVIDE COPY OF RECORDING TO THE NORTH ANDOVER CONSERVATION COMM gSION
Detach on dotted line and submit to the NACC, 120 Main St. , No. Andover MA 0145
To NACC issuing Authonty
Please be advised fiat the Certificate of Compitance for the protect at: Lot 19A Candlestick Road
FiieNumoer 242- 576 has been recorded at the Re"tryat Deeds, Northern Essex
and has been notes to the cnatn of title of the affected property an t 9
it reperaeo tanc.me instrument numoee wntc.%identities Rus iransacaon is
N.regtsterea lana.the cocument numoer wmcn tdennftes Rtis aansachon is
Signature aoaucant